Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-12-17

HA144k8 04 &E4Ntt 1N8HtFs EaDA4A1& rs
raulEainine oE5GEa wish had bslE
iaaasd II he e4aa- Tha fsElsgin9 81
bis HanaE,s rsuaaxsa On tha uases
On his heaEing EeanEvsy pla1 Aad
eEdef Ct she e0anty e0mmisztoneza. g.
fs1dnnls. purauan4 % sself1n 80 e
khe co6e ere GAsds Also nMdasft e p.
hakloEan. and tbs m11t1n y e4a1d there
on ~ we'll a. upon tno p4aadinRa and
pagers kEEotpfnTe NIGf II tie e1nnH
1hs snumans end eompsain1 aEe -
tltl1o e. q th1 eaaxa hut1i1a terms -
Esatala and thas seems . - lhs eauzt
where tAe action b pandsnR, nllnuuRh
he c1nKf nf AAeannEE. 1hs papaEs
fherefurn will Be entered e ne vGnns
b iaid b khe eouk lainf.
TIE original Esd mu&en and pla1 oE
The read IN QueEii0n differed fsom
exch otheR il nnah Fadfnzf mauneE that
Is wa inpcasibia 70 denniselt deter
mite tie iseasian o. ihe road nnd theEa-
fare undeR sections $50 and 804f es
Sea-, tie dsfendamf oumuiasioneRn efnes
Ne oonmencemenf q this action pro-
eeseed 70 FssaFsey, plnlting and ~
o1r6inQ Of tue rad.
PiaintiA oh3sckB % she proof Of pub
lication Of notice undeg session sos, Oh
TIE ground that Il does not appear from
she pFoaf that Il uas puhlisbod fear
weeks, and thai Il waa rot % puhlished
..at lsast twenty days before che day
Aired b. the auditox" a. provided IN
section So12 and hecauss TIE day % de-
slEnated vas moi fho 6Fat day Of the
ferm Of meeting u The eoanky commits
Il q nns very clear what thsas two
sections require o. how ell the require
msuts can Be oompiEtely oomplied With.
Section 3032 provides that % the ding
Of q pIas and hald notes Of q county
road the auditog shall "theEe1pon de-
slgnate day e regular term Of the
board 81 county commissioners
scr Lxns xHkN xwENxx Dkxn
From the publication Of sald notiss up
On which TIE board viii ap-
pFsVa Of sach survey Aa. This SEQ
ton seams TO contemplate that the aud
ilog may designate any dag IN q regular
tarm Of the board and must % desie-
nate some particular DAP II regular
term the words, providing that sach
day stall be mot less than twenty days
from the publication Of said notice.
emphasizes the matter aa 10 the audi
tor being allowed and authorised 10
desIRnafs any day IN the term twenty
days after from" the publication Of
asaid netico.n As no notice IL provided
for In this section or the proceeding
poKtion Of the chapter the woFd 'tssfds
must be entirely rejected as Il can only
refer TO soma noties previously provid-
ed for sud the sta ute will be thus left
20 read that the auditor when the plat
and survey are hlsd mast designate q
day 81 q regular term Of the board
not less than twenty days from
the publication Of notice. eto.
II is true the form Of O noiice In
oiuded Ia the next section would end
does indicate that ebiections. II any,
must be filed aon or before the hrst day
Off the regular turn as which the mat
Ter is 10 be considered By the board but
IL this 10 held to be G limitation on the
authority Of the auditor 10 designate
special day ct q regular term then tbs
words Ia section S0l2 making Il his duty
10 50 designate special are thereby en-
tirely done sway With.
zHH NOTICE N THIS CASE
DssIgnated no day upon shiloh the
county board wcald pass upon this mai
Ter as provided in section S042. but fol-
lowed the form given IN the next sec
ton stating that tho board OF county
hear and Determine 'sthe mafter,r and
Nov. 10, 1887, as the day ION or
before" which al claims and objections
must be iled, bat not "a tbs day upon
which said board wilp act upon the
matter as provided In the preceding seq
ton. The notice publssbed also disre-
CARDS she form In section sos, By 50
designating Nov. 10, 1881, instead Of
the fiFsf day Of the term, which day
vas In fact, Nov. Z, code, section 1851.
The proof OF the publication Of this no.
tise Is also defective or perhaps insult
flcient In this: The afhaavit Of @. e.
Harrison shows that II was Published 10 |
the SkRgfs NeScs, 3 Weekly newspaper,
for four weeks, etc., commencing on the /
Ilth dsy OF October 1851, end ending |
on the first day Of Nov. 1881. The |
time thus sworn 70 as the e0mmence-
ment and ending OF the publication In /
Gliding both days IL but twe1ty-iWo |
days, and Of coarse there can have |
been
S@-A~-@~AAN~-
In that time. -Four weeks mssns twenty |
eight days, and under the Law the day |
Of The flrst publication is not to be |
Dounted as one Of the twenty. eight. |
Doubtless the Publisher meant TO say |
that the notice hsd been Published four |
times IN his payer and II the form he |
used had been intelliRently prepared u /
should have read that the notice had |
been published once in each week for |
fsuK successive weeks, 10 wit on Oct. i
IL, Is, 5 and Nov. 2, OF on such days as |
we're In fast the days Of the puolica- |
ton OF bis paper. And II farther ap- /
pearine that this paper vas q weekly |
paper, the Law would corstyue the af- |
hdAvit as showing q publication for |
four successive weeks. This at5davtt |
can and may be amended. however, II |
the facts will warrant Il 30 e to ahow
four weeks publication Of the notice.
TIE CHIEF DIFFICULTY
With lhe statute eth remains TO be con-
zidered however.
Section SOa2, Is already stated, pro-
vides that the anditoF shall designate |
a DIV az regular term ETC., not less than |
twenty days from the publication Of |
notice upon which the board viii act /
upon she matter. This must Be day |
certain. and may Be any day al that |
term, the purpose Of the legislature be
ing 10 give eli parties concerned notice |
Of specified day when they could be |
heard and this form Of notice In sec
tion sos specifying that ali objections |
and claims must be Gled before tbs |
ilFst dzy Of that term, was not intend |
"a es designation Of that dag ns the /
dav on which tbs objections and claims |
could be heard. but orly e. the day on |
or before which they mast Be fled In /
order for the bearing to take place, o. |
as q condition preofdent 20 their being |
heard. The form IN section e0fs. it is |
true, dass not have any hlank form % |
indicate 10 any way shat the anditog |
shall dosiQnats any day when the mat
ter viii be beard By the board. bat the |
preeedira section being emphatio 90 |
thas subisca there can Be no room for |
donbt thst be unsi designate such |
aay. Yet u Is noxheEe provided thai
Be shall insert sach designated day Of
hearing IN the netice or u What man
nsF be shall % designate il.
TIE day must not be less than twenty
days from the publication Of the no.
Iiss gssssion So42I and at least twenty
a. 4 :. An a